SF 4137

as introduced - 93rd Legislature (2023 - 2024) Posted on 02/29/2024 04:43pm

A bill for an act
relating to state government; allowing online notary signatures; amending
Minnesota Statutes 2022, sections 145C.03, by adding subdivisions; 325L.03.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2022, section 145C.03, is amended by adding a subdivision
to read:

new text begin Subd. 1a. new text end

new text begin Electronic signature by principal or authorized person and remote online
notarization. new text end

new text begin (a) A health care directive executed by a principal with an electronic signature
satisfies the requirements of subdivision 1, clause (4). To satisfy the requirements of
subdivision 1, clause (5), a notary may verify the principal's electronic signature on a health
care directive through remote online notarization in accordance with section 358.645. This
subdivision also applies to a person authorized by the principal to sign on behalf of the
principal.
new text end

new text begin (b) For purposes of this section, "electronic signature" means the process of signing a
digital document that is:
new text end

new text begin (1) created, signed, or maintained in an electronic, digital, magnetic, wireless, optical,
electromagnetic, or similar medium;
new text end

new text begin (2) capable of being remotely witnessed by presence or conscious presence;
new text end

new text begin (3) retrievable in perceivable form; and
new text end

new text begin (4) capable of verification that the electronic document has not been altered after its
signing.
new text end

new text begin (c) For purposes of this section, "presence" or "conscious presence" means either:
new text end

new text begin (1) an individual being in a physical location in relation to the principal that allows the
individual to see and hear the principal; or
new text end

new text begin (2) an individual being in the state and communicating simultaneously with the principal
by means of an electronic device or process by sight and sound to substantially the same
extent as if the individual were in a physical location in relation to the principal that would
allow an individual to see and hear the principal, allowing for reasonable accommodation
for individuals with hearing, vision, or speech impairments as necessary.
new text end

Sec. 2.

Minnesota Statutes 2022, section 145C.03, is amended by adding a subdivision to
read:

new text begin Subd. 1b. new text end

new text begin Remote witnessing. new text end

new text begin A principal may execute a health care directive before
a notary, or before two subscribing witnesses. Remote notarization is as authorized in section
358.645. For remote witnessing, the health care directive must occur in the conscious
presence of the principal or the person authorized by the principal to sign. For purposes of
this subdivision, "presence" or "conscious presence" means:
new text end

new text begin (1) a witness being in a physical location in relation to the principal or the principal's
authorized person that allows the witness to see and hear the principal or the principal's
authorized person; or
new text end

new text begin (2) a witness being in the state and communicating simultaneously with the principal or
the principal's authorized person by means of an electronic device or process by sight and
sound to substantially the same extent as if the individual were in a physical location in
relation to the principal or the principal's authorized person that would allow the witness to
see and hear the principal or the principal's authorized person, allowing for reasonable
accommodation for individuals with hearing, vision, or speech impairments as necessary.
new text end

Sec. 3.

Minnesota Statutes 2022, section 325L.03, is amended to read:

325L.03 SCOPE.

(a) Except as otherwise provided in paragraphs (b) and (e), this chapter applies to
electronic records and electronic signatures relating to a transaction.

(b) This chapter does not apply to a transaction to the extent it is governed by:

(1) the Uniform Commercial Code other than section 336.1-306, article 2, and article
2A; and

(2) deleted text begin section 145C.03, subdivision 1, relating to requirements for creation of a health care
directive; deleted text end section 507.24, relating to requirements for recording any conveyance, power of
attorney, or other instrument affecting real estate; section 523.23, subdivision 3, relating to
requirements for creation of a statutory short form power of attorney; and section 253B.03,
subdivision 6b, relating to requirements for creation of a declaration of preferences or
instructions regarding intrusive mental health treatment.

(c) This chapter applies to an electronic record or electronic signature otherwise excluded
from the application of this chapter under paragraph (b) to the extent it is governed by a
law other than those specified in paragraph (b).

(d) A transaction subject to this chapter is also subject to other applicable substantive
law.

(e) This chapter does not apply to the creation and execution of wills, codicils, or trusts
other than trusts relating to the conduct of business, commercial, or governmental purposes.